Florida Bar Exam Newest 2025/2026
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While a formal attestation clause in a will is not required, presence of such a
clause gives rise to a presumption that the will was executed in conformity with
the recitations in the clause. - CORRECT ANSWER-This presumption may be
rebutted by competent testimony of witnesses. Sworn testimony of a subscribing
witness of a will that contradicts the plain language of will's attestation clause
may be sufficient to rebut the presumption that the will was properly executed
that arises by virtue of attestation clause.
Additional general partners can be admitted as provided in writing in the
partnership agreement or, - CORRECT ANSWER-if the partnership agreement
does not provide in writing for the admission of additional general partners, with
the written consent of all partners.
,Where a proposed amendment to the articles of incorporation would adversely
affect the rights of a class of shareholders, - CORRECT ANSWER-those
shareholders are entitled to vote as a group on the amendment even if they
belong to a nonvoting class.
If the defendant is in custody for any offense, the determination of whether
probable cause exists must be made: - CORRECT ANSWER-within 48 hours of
arrest. The state is permitted to two 24-hour extensions, for good cause. (total
maximum of 96 hours)
The trustees of a business trust are usually held personally liable to trust
creditors. - CORRECT ANSWER-However, contractual exculpatory clauses
negating the trustees' personal liability and relegating creditors to the trust assets
are quite common and are generally held valid. Even absent such clauses,
however, when a trustee is found liable, she is usually entitled to indemnification
from the trust, and judgment creditors of the trustee may have an equitable
derivative right to enforce the trustee's indemnification rights for their own
benefit.
All partners are jointly and severally liable for all obligations of the partnership,
whether the obligations arise in contract or tort. Thus, an action may be brought
against one or more of the partners or the partnership. A judgment against a
, partnership, however, is not itself a judgment against a partner. - CORRECT
ANSWER-A judgment is not personally binding on a partner unless he has been
served. To reach a partner's personal assets, there also must be a judgment
against the partner. It can't be filed against the partnership only.
Florida requires that two standards be passed in order for a payment of dividends
to be proper: - CORRECT ANSWER-the equity test and the balance sheet test,
allowing the corporation to pay its debts as they become due and is the amount
by which the total corporate assets exceed the total liabilities. (Income plus
capital minus debts)
If two or more offenses triable in the same court are based on the same or
connected acts or transactions, they may be joined as separate counts in the
same indictment or information. - CORRECT ANSWER-However, if multiple
charges are properly joined, the defendant has a right to severance if he can show
that severance is proper to fairly determine guilty or innocence on each charge or
is necessary for a fair determination on each offense.
If a will that was last seen in the testator's will or control cannot be found after
the testator's death, a presumption arises that the will was revoked; i.e., the
reason the will cannot be located is that the testator destroyed it with the intent
to revoke. - CORRECT ANSWER-To overcome the presumption of revocation,
evidence of a competent and substantial nature is required. If the presumption of
Complete Questions and Correct Detailed
Answers Already Graded A+|Assured
Success
While a formal attestation clause in a will is not required, presence of such a
clause gives rise to a presumption that the will was executed in conformity with
the recitations in the clause. - CORRECT ANSWER-This presumption may be
rebutted by competent testimony of witnesses. Sworn testimony of a subscribing
witness of a will that contradicts the plain language of will's attestation clause
may be sufficient to rebut the presumption that the will was properly executed
that arises by virtue of attestation clause.
Additional general partners can be admitted as provided in writing in the
partnership agreement or, - CORRECT ANSWER-if the partnership agreement
does not provide in writing for the admission of additional general partners, with
the written consent of all partners.
,Where a proposed amendment to the articles of incorporation would adversely
affect the rights of a class of shareholders, - CORRECT ANSWER-those
shareholders are entitled to vote as a group on the amendment even if they
belong to a nonvoting class.
If the defendant is in custody for any offense, the determination of whether
probable cause exists must be made: - CORRECT ANSWER-within 48 hours of
arrest. The state is permitted to two 24-hour extensions, for good cause. (total
maximum of 96 hours)
The trustees of a business trust are usually held personally liable to trust
creditors. - CORRECT ANSWER-However, contractual exculpatory clauses
negating the trustees' personal liability and relegating creditors to the trust assets
are quite common and are generally held valid. Even absent such clauses,
however, when a trustee is found liable, she is usually entitled to indemnification
from the trust, and judgment creditors of the trustee may have an equitable
derivative right to enforce the trustee's indemnification rights for their own
benefit.
All partners are jointly and severally liable for all obligations of the partnership,
whether the obligations arise in contract or tort. Thus, an action may be brought
against one or more of the partners or the partnership. A judgment against a
, partnership, however, is not itself a judgment against a partner. - CORRECT
ANSWER-A judgment is not personally binding on a partner unless he has been
served. To reach a partner's personal assets, there also must be a judgment
against the partner. It can't be filed against the partnership only.
Florida requires that two standards be passed in order for a payment of dividends
to be proper: - CORRECT ANSWER-the equity test and the balance sheet test,
allowing the corporation to pay its debts as they become due and is the amount
by which the total corporate assets exceed the total liabilities. (Income plus
capital minus debts)
If two or more offenses triable in the same court are based on the same or
connected acts or transactions, they may be joined as separate counts in the
same indictment or information. - CORRECT ANSWER-However, if multiple
charges are properly joined, the defendant has a right to severance if he can show
that severance is proper to fairly determine guilty or innocence on each charge or
is necessary for a fair determination on each offense.
If a will that was last seen in the testator's will or control cannot be found after
the testator's death, a presumption arises that the will was revoked; i.e., the
reason the will cannot be located is that the testator destroyed it with the intent
to revoke. - CORRECT ANSWER-To overcome the presumption of revocation,
evidence of a competent and substantial nature is required. If the presumption of
